Category: Marynelle’s Posts

Jurisdictional Fortune Telling

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This case involves a patent infringement lawsuit, but this decision isn’t really about patent law. Legally, it’s about personal jurisdiction. But it’s also an interesting example of how appellate judges interpret sometimes-murky Supreme Court precedent. Personal jurisdiction gets into the thick of legal theory, folks, but I’ll guide you through it. AFTG-TG v. Nuvoton Technology […]

The Lovenox® Patent War, Part 467

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Momenta Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc., Nos. 2012-1062, 1103, 1104 (Aug. 3, 2011) (Chief Judge Rader, Circuit Judges Dyk and Moore) Litigation surrounding enoxaparin—a pharmaceutical drug used to prevent blood clots—has been raging for nearly a decade. In fact, this Federal Circuit opinion issued one day before the 9th anniversary of the date when […]

Trademark Law is Not Colorblind

Trademark Law is Not Colorblind Trademark Law is Not Colorblind • 2012 09 11 F TrademarkLawNotColorblind

In the fashion world, the word “trademark” tends to get tossed around casually. Style writers highlight a designer’s “trademark” use of patterns or “trademark” silhouette. But can these signature features actually be trademarks? In the case of a color trademark for soles of high heels, the question was hotly debated—so hot, it had the Second […]

Learning the Language of Trademark Law

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Rosetta Stone Ltd. v. Google, Inc., No. 10-2007 (4th Cir. 2012) (Chief Judge Traxler, Judges Keenan and Hamilton) If you found this blog post, then you’re probably acquainted with Google™’s search engine. You might also know that Google lets advertisers bid on keywords, which trigger the ads that come up at the top and to […]

A New Prescription for Trademark Protection

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It’s been a little while since we had a Federal Circuit trademark opinion, but this is a good one. The case deals with one of my favorite topics in trademark law—trademark “use” and technology. Lens.com, Inc. v. 1-800 Contacts, Inc., No. 2011-1258 (Fed. Cir. Aug. 3, 2012) (Judges Newman, Linn, and Moore) Getting a Clear […]